Worlds Inc (WDDD)

[MarkmanRunup]

Extending patent term

Yeah, I can see how the language used makes it difficult to determine the exact term in this case.

I found this note about provisional applications from the USPTO useful in clarifying the matter. In there is states:

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Once a provisional application is filed, an alternative to filing a corresponding non-provisional application is to convert the provisional application to a non-provisional application by filing a grantable petition under 37 C.F.R. §1.53(c)(3) requesting such a conversion within 12 months of the provisional application filing date.

However, converting a provisional application into a non-provisional application (versus filing a nonprovisional application claiming the benefit of the provisional application) will have a negative impact on patent term. The term of a patent issuing from a nonprovisional application resulting from the conversion of a provisional application will be measured from the original filing date of the provisional application.

By filing a provisional application first, and then filing a corresponding non-provisional application that references the provisional application within the 12-month provisional application pendency period, a patent term endpoint may be extended by as much as 12 months.

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Worlds chose the later route. They filed a provisional application first, and then filed a corresponding non-provisional application referencing the provisional application. By doing it that way, "the patent term endpoint" was extended by about one year.